grant further notice will hereafter be taken.
I shall conclude my remarks on this part of the subject by observing
that the view which has been presented of the powers and character of
the two Governments is supported by the marked difference which is
observable in the manner of their endowment. The State governments
are divided into three branches--a legislative, executive, and
judiciary--and the appropriate duties of each assigned to it without
any limitation of power except such as is-necessary to guard against
abuse, in the form of bills of right. But in instituting the National
Government an entirely different principle was adopted and pursued. The
Government itself is organized, like the State governments, into three
branches, but its powers are enumerated and defined in the most precise
form. The subject has already been too fully explained to require
illustration by a general view of the whole Constitution, every part
of which affords proof of what is here advanced. It will be sufficient
to advert to the eighth section of the first article, being that more
particularly which defines the powers and fixes the character of the
Government of the United States. By this section it is declared that
Congress shall have power, first, to lay and collect taxes, duties,
imposts, and excises, etc.
Having shown the origin of the State governments and their endowments
when first formed; having also shown the origin of the National
Government and the powers vested in it, and having shown, lastly, the
powers which are admitted to have remained to the State governments
after those which were taken from them by the National Government,
I will now proceed to examine whether the power to adopt and execute
a system of internal improvement by roads and canals has been vested
in the United States.
Before we can determine whether this power has been granted to the
General Government it will be necessary to ascertain distinctly the
nature and extent of the power requisite to make such improvements.
When that is done we shall be able to decide whether such power is
vested in the National Government.
If the power existed it would, it is presumed, be executed by a board of
skillful engineers, on a view of the whole Union, on a plan which would
secure complete effect to all the great purposes of our Constitution.
It is not my intention, however, to take up the subject here on this
scale. I shall state a case for the purpose of illust
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